THE LAW OFFICE OF JOHN L.WRIGHT, PC

AVIATION – BUSINESS - HEALTH - TAX

JOHN L.WRIGHT, JD, LL.M. l CFI/I, MEI 11705 Airport Way, Suite 307, Broomfield, CO 80021

 jwright@FlyingLegal.com www.FlyingLegal.com p: 303-747-4000 f: 303-747-4001 

June 17, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of AerPhoto, LLC for Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) 

and 14 C.F.R. Part 11, AerPhoto, LLC (“AerPhoto”) hereby applies for an exemption from 

Federal Aviation Regulations (“FARs”) identified below, to allow commercial operations of 

small, unmanned aerial vehicles by and through small, unmanned aerial systems (“sUAS”) for 

collecting sensory and survey data, conducting aerial videography and cinematography, 

mapping, inspection and precision agricultural operations.

This exemption is requested in subject to and in conformance with those operations and 

protocols outlined in this Petition and the enclosed DJI Phantom 3 Professional User Manual, which 

contains operational guidance and protocols (“sUAS Operator’s Manual”) and any other requirements 

established by the FAA pursuant to the FMRA.

The sUAS Operator’s Manual contains confidential, trade secret and proprietary information 

that the Petitioner has not and will not share with others. Petitioner submits the sUAS Operator’s 

Manual and all information contained therein as proprietary and confidential information pursuant to 

14 C.F.R. § 11.35(b). The sUAS Operator’s Manual contain operating conditions and procedures that 

are not available to the public and are protected from release under the Freedom of Information Act, 5 

U.S.C. § 552 et seq.

I. Description of Petitioner

AerPhoto, LLC is a company specializing in professional surveys, inspections, mapping,

and aerial videography and cinematography. AerPhoto seeks to provide high quality imaging 

for a variety of commercial, public and residential uses, including:

• Event photography and videography

• Film and documentary videography and cinematography

• Promotional and marketing media

• Agricultural surveys and environmental monitoring

• Forestry and land surveys

• Precision agricultural operations

• Construction, development and real estate surveying and mapping

• Industrial site surveys
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II. Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain 

unmanned aircraft systems may operate safely in the National Airspace ("NAS") before 

completion of the formal UAS rulemaking, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.

If the Secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System".

Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 

44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the existing 

rules). See 14 C.F.R. § 11.81 (petitions for exemption).

III. Qualifications for Approval Under Section 333 of the FMRA

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors 

are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS 

under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as 

to access; and that (4) provides an increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose.

Petitioner’s sUAS are rotorcraft, weighing 50 or fewer pounds including payload. They 

operate, under normal conditions, at low speed and have the capability to hover, and move in 

the vertical and horizontal plane. Petitioner’s sUASs will operate in line of sight and will only 

operate within those areas described in the enclosed sUAS Operator’s Manual.

Given the small size of the sUASs involved and the restricted environment within which 

they will operate, this petition exemption falls within the zone of safety i.e., an equivalent level 

of safety, in which Congress desired the FAA to permit commercial UAS operations by 

exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and 

the restricted area in which the sUASs will operate, approval of the application presents no 

national security issue.
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Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, the grant of the requested exemptions is 

also in the public interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested 

exemption without delay.

IV. Proposed Operations

The enclosed Manual describes, in detail, the policies and procedures for Petitioner's 

proposed sUAS operations. To assist the FAA in its safety assessment of Petitioner's proposed 

sUAS operations, below is a summary of operational limitations and conditions, which will 

ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines:

1. The sUAS will weigh less than 50 pounds.

2. Flights will be operated within line of sight of the Operator.

3. Maximum total flight time for each operational flight will be limited to the 

amount of time the sUAS can be flown and still maintain a reserve battery 

power of no less than 25%.

4. Flights will be operated at an altitude of no more than 500 feet above ground 

level ("AGL").

5. Flights will be operated at a safe lateral and vertical distance from and above

any inhabited structures, buildings, vehicles, vessels, or people not associated 

with the operation or who have not signed a waiver in advance of the 

operation.

6. The sUAS Pilot with Pilot in Command responsibilities for the flight will be 

the designated Operator ("Operator"). It is specifically requested that this 

exemption allow the operation of the sUAS without a visual observer and that 

the Operator not be required to possess or maintain an FAA pilot’s certificate.

7. The sUAS will operate only within a confined area as described in the sUAS 

Operator’s Manual.

8. A briefing will be conducted in regard to the planned sUAS operations prior 

to each day's missions. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for 

this briefing.

9. The Operator will have been trained in operations of sUAS generally and 

received up-to-date information on the particular sUAS to be operated as 

required in the sUAS Operator’s Manual. 
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10. Written and/or oral permission from the relevant property holders will be 

obtained.

11. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies.

12. If the sUAS loses transmission signal, the sUAS will have the capability to 

return to a pre-determined location and land.

13. Contingency plans will be in place to safely terminate flight if there is a loss 

of transmitter communications or a loss of GPS signal.

14. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

V. Regulations From Which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including sUASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45 and 91 for purposes of conducting Precision Aerial Surveying & Mapping using sUASs. 

Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) 

the operating procedures and safeguards that Petitioner has established which will ensure a 

level of safety better than or equal to the rules from which exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§ 91.203(a) and (b)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes 

the procedural requirements for the issuance of airworthiness and registration certificates 

as required by 14 C.F.R.

Given the size and limited operating area associated with the sUAS to be utilized 

by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated 

without an airworthiness or registration certificate, in the restricted environment and 

under the conditions proposed, will be at least as safe as, or safer than, a conventional 

rotorcraft operating with an airworthiness certificate without restrictions and conditions 

of the proposed sUAS operations.
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Equivalent Level of Safety

The sUAS to be operated hereunder, DJI Innovations S800 multi-rotor rotorcraft, 

weighs less than 55 pounds with payload, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured 

and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and 

monitored by the Operator pursuant to the Flight Operations Manual’s requirements. 

These safety enhancements, which already apply to civil aircraft operated in 

connection with existing aerial videography operations, provide a greater degree of safety 

to the Petitioner's employees, members of the public, and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the sUAS, due to its size, speed of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent the Petitioner's sUAS would 

otherwise require certification under Part 27, Petitioner seeks an exemption from Part 

27's airworthiness standards for the same reasons identified in the exemption request 

from 14 C.F.R. Part 21, Subpart H.

C. 14 CFR § 61.113: Private Pilot Privileges And Limitations

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts 

private pilot certificate holders from flying aircraft for compensation or hire, and which 

would also have the effect of requiring a second-class medical certificate. 

Equivalent Level of Safety

In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that an Operator with a private pilot certificate operating the Astraeus UAS 

would not adversely affect operations in the NAS or present a hazard to persons or 

property on the ground. Additionally, as previously determined by the Secretary of 

Transportation, the requirement to have an airman certificate ameliorates security 

concerns over civil UAS operations conducted in accordance with Section 333. The 

aerial videography and cinematography conducted by AerPhoto occur in areas where 

access to the public is limited and controlled. The operation will have no substantial 

impact on any third persons not involved in the productions. 

Because AerPhoto will operate in controlled areas, the sUAS will be flown based 

on visual line-of-sight at altitudes below 500' AGL. Accordingly, AerPhoto request that 

this exemption be granted without requiring the Operator to have an FAA pilot’s license 

or the requirement of a visual observer.

D. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 
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Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and 

identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by 

having the sUAS marked on its fuselage as required by § 45.29(f).

The FAA has previously issued the following exemptions to the aircraft marking 

requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. § 

91.9(b)(2), which states:

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings and placards, or any 

combination thereof.

Given its physical dimensions, configuration and load capacity, the sUAS has no 

ability to carry such a manual on the aircraft, not only because there is no pilot on board, 

but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by 

maintaining the sUAS flight manual at the ground control point where the Operator will 

have immediate access to it. Accordingly, Petitioner requests an exemption from 

91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be 

available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness
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Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness 

certificate issued for the sUAS, should this exemption be granted, no FAA regulatory 

standard will exist for determining airworthiness.

Equivalent Level of Safety

The DJI Innovations S800 has a stellar safety record, demonstrating that the sUAS 

is airworthy. Further, given the size of the sUAS and the requirements contained in the 

sUAS Operator’s Manual for maintenance and pre-flight safety check lists, an equivalent 

level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

G. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information 

contained in the FAA-approved flight manual on board the aircraft. While the Operator

will be familiar with all information necessary to safely conduct the flight, an exemption 

is requested to the extent that an FAA-approved flight manual is required on board the 

aircraft.

Equivalent Level of Safety

Following the sUAS Operator’s Manual will provide an equivalent level of safety. 

The Operator will take all required preflight actions - including reviewing weather, flight 

battery requirements, landing and takeoff distance, and aircraft performance data - before 

initiation of flight. The sUAS Operator’s Manual will be kept at the ground station with 

the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that 

"[n]o person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." sUASs and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, 

flight control is accomplished through the use of a box that communicates with the 

aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still 

be performed without dual controls because no pilot or passengers are aboard the sUAS, 

and all persons will be a safe distance away in the event that the sUAS experiences any 

difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual 
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controls for a number of aircraft and for flight instruction in experimental aircraft. 

Exemptions include: Nos. 5778K and 9862A.

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which 

aircraft may not operate, including 500 feet above the surface and away from any person, 

vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 

91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it 

can be operated "without hazard to persons or property on the surface," provided that 

"each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA."

To provide the intended aerial video operations, the sUAS is normally operated 

below 500 feet AGL. Additionally, due the nature of the proposed operations, the sUAS 

will maintain a safe lateral and vertical distance from inhabited structures, buildings, 

vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 

55 pounds proposed herein, and given the lack of flammable fuel, any risk associated 

with these operations is far less than those that presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well as the location where it is operated. As set forth in the sUAS Operator’s 

Manual, the sUAS will be operated in a confined area, where buildings and people will 

not be exposed to operations without their pre-obtained consent. Because of the advance 

notice to the property owners and participants, all affected individuals will be well aware 

of the planned flight operations as set forth in the sUAS Operator’s Manual.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with 

other aircraft that are subject to the minimum safe altitude regulations. Finally, the 

successful safety record of the DJI S800 demonstrates that the sUAS can be safely used 

at these lower altitudes and closer operating environments.

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. An 

exemption is required because the sUAS does not have a barometric altimeter, but rather 

a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth 

in the sUAS Operator’s Manual. As prescribed in the sUAS Operator’s Manual, the 

operator will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. Moreover, the Operator will use the GPS altitude indicator to constantly 
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monitor the sUAS's height, thus ensuring operation at safe altitudes.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the battery powering the DJI Innovations S800 provides approximately 15 

minutes of powered flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 

91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's 

proposed flight area and the location of its proposed operations within a predetermined 

area, a safety margin based on a reserve amount of battery life is needed. Petitioner will 

not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be 

conducted on-site without significant transit time by the sUAS. All flights will be planned 

to be terminated with no less than 25% reserve battery power still available. This 

restriction would be more than adequate to return the sUAS safely to the ground and its 

planned landing zone from anywhere in its limited operating area even in the event of an 

unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel 

does not include the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS, and the proximity of the flight operation to the 

landing zone. 

This request for exemption falls within the scope of prior exemptions, including 

Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.

L. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Petitioner seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under
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§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

An exemption to this regulation is necessary because: (1) the sUAS's configuration, 

load capacity and size does not allow it to carry certification and registration documents; 

(2) the sUAS does not have a cabin or cockpit entrance at which documents could be 

displayed; and (3) there are no passengers or crew for whom the certificates need to be 

displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an 

equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the Operator will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption 

Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) 

and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) 

and (b). These regulations specify maintenance and inspection standards in reference to 

14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of 

an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and 

shall between required ions ...have discrepancies repaired as prescribed in part 43 of this 

chapter"). An exemption to these regulations is needed because Part 43 and these sections 

only apply to aircraft with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections 

will be performed in accordance with the sUAS Operator’s Manual and the 

Manufacturer’s Manual. As provided in the sUAS Operator’s Manual, the operator will 

ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. The operator is the person 

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time during 

daylight hours, creates less risk than that associated with conventional rotorcraft 

performing the same operation.

VI. Public Interest

Granting AerPhoto's exemption request furthers the public interest. National policy set by 

Congress favors early integration of UAS into the national airspace in controlled, safe working 
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environments such as those propose in this petition. In addition, maintaining industrial safety 

has been a priority of state and local governments for decades.

Conducting aerial videography with the sUAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video production flight operations. By using battery power and electric 

motors, the sUAS produces no air pollution, and is the most viable environmentally conscious 

alternative to piston or turbine powered rotorcraft. The sUAS, while reducing the carbon

footprint of aerial video productions, also eliminates noise pollution as its battery-powered

electric motors are barely audible during the takeoff phase, and cannot be heard when operating 

more than 100 feet above ground level. 

By using the sUAS to perform aerial videography, the substantial risk to life and property 

in the air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of 

aircrew members located onboard the aircraft, the minimal size and weight of a sUAS creates

less physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct aerial videography.

In addition, granting the exception will help advance the knowledge base for conducting 

commercial UAS operations. This additional data will help the FAA set future rules regarding 

UAS flight operations, maintenance, and crew qualifications. The public also has an interest in 

reducing the hazards and emissions associated with alternate use of helicopters to conduct 

similar aerial videography operations. The UAS in question is very light weight and does not 

carry any flammable fuel, further reducing the risk from any potential accident.

VII. Privacy

All of the proposed flights and videography will be only be conducted after obtaining any 

individual subject matter’s permission. All flights will occur over public right-of-way or 

private property with the property owner's prior consent and knowledge. The proposed 

operations will not impact privacy concerns beyond those already implicated by manned 

aircraft aerial videography operations.

VIII. Federal Registry Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

AerPhoto, LLC seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 61.113; 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 

14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of these exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("sUAS") to conduct aerial videography and cinematography operations will 

enhance safety by reducing risk to AerPhoto’s employees, the general public and property 

owners.
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The DJI Innovations sUAS, weighing less than 55 pounds, with payload, and powered by 

batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The sUAS is transported to the designated survey area set up. It is not 

flown from an external location to the work-site. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an equivalent level of safety, supporting the 

grant of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate 

at slow speeds, close to the ground, and in a controlled environment. As a result, they are far 

safer than conventional aerial videography and cinematography operations conducted with 

fixed wing aircraft or helicopters.

IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security—provides more than adequate justification for 

the grant of the requested exemptions to permit AerPhoto, LLC to operate sUASs in support of 

its aerial videography and cinematography production operations in accordance with the sUAS

Operator’s Manual appended hereto.

Granting the requested exemption will benefit the public interest as a whole in many 

ways, including (1) significantly improving safety and reducing risk by alleviating human 

exposure to danger, (2) improving aerial videography operations and decreasing operating 

costs, and (3) providing an environmentally conscientious way of producing aerial videography 

and cinematography operations.

Sincerely,

John L. Wright

Encl: - DJI Phantom 3 Professional User Manual